teets93
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Hello people. I am currently a Level 5 student ofLAW.

i have come across a FreeMovementofGoods assignment question which i am struggling with, the question is as follows. Any help would be much appreciated.

Heisepunkt GMBH is a German company that manufactures large kitchen appliances. Advise as to their rights under EU law in the following scenarios:

A shipment of Heisepunkt washing machines has been held on the Italian Border. Italian authorities inform Heisepunkt that it is government policy to inspect all goods likely to have come in to contact with water in another country for traces of legionella. The costs of those inspections, likely to be many thousands of Euros, must be borne by the importers. According to policy, the washing machines would not be released until payment had been received.

Heisepunkt manufacture fridge freezers which are sold containing an ice cube maker. Latvia has recently banned the inclusion of ice cube makers with freezers, and refuses to allow the import of any such product. There are no domestic Latvian manufacturers of freezers but there are many manufacturers of ice cube makers.

Heisepunkt manufacture gas cooking hobs. The Polish authorities have recently classified all gas hobs for sale in Poland as camping equipment and as such only allow their sale in certain camping stores licensed for the sale ofsuch appliances. There are no Polish manufacturers of Gas cooking hobs but there is a significant number ofcompanies who manufacture electric hobs.
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Tyler Bam
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Hey, sorry to see you haven't had any replies to your thread yet. Are you sure you’ve posted in the right place? Posting in the specific university or course forum should help get more responses.

If you haven’t already found it, then university connect is a really useful way for finding people at your course/university! You can also find a list of applicant threads and courses here. It's worth checking out if you have questions.

If you need advice on your academic work, then the Study Help section will be able to help you. Hope this helps!
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Dawsonj2
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Hi, are you at John Moores? Im struggling with the same assignment.
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teets93
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yes i am at LJMU, its very difficult at first but when you read the case law it becomes abit easier.

-first paragraph look at Article 30 & cases of ART TREASURES, COMMISSION V ITALY AND BRESCIANI
- second paragraph looks at ARTICLE 34 MEQR's, IAM and DAM, cases of DASSONVILLE, CASSIS DE DIJON AND ITALIAN CARS CASE
-third paragraph looks at KECK, MICKELLSON AND ROOS, COMMISSION V ITALY (MOTORCYCLE TRAILERS) relating to market access and selling arrangements, also relating to article 34
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Dawsonj2
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Thank you, much appreciated. What question did you do for section A?
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teets93
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No problem, are you using this site regularly because i didnt get any help from anybody with my assignment lol. i have chosen fundamental rights wbu?
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Dawsonj2
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No I don't usually use this site but I was struggling with section B so I was just browsing every website. I chose that one too but I could find too many criticisms so I had to talk mainly about how the scope is hard to interpret :/
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Dawsonj2
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couldn't find *
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teets93
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aaahright i understand, same here tbh difficult assignment or what lol.
well you seem to have finished i still need to do section A, did you use the articles ALEX PIMOR emailed us
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Dawsonj2
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I know I genuinely hate EU law! yeah, but I didn't get much from them tbh...
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Dawsonj2
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(Original post by teets93)
aaahright i understand, same here tbh difficult assignment or what lol.
well you seem to have finished i still need to do section A, did you use the articles ALEX PIMOR emailed us
Did you use the flowchart in the EU law book to help you on section B?
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teets93
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the flowcharts are very helpful but i went to see the tutors who told me look at them cases in particular, from them cases i came to them conclusions on what i think it is.

if u type the question in to the internet there are a few articles but they are very long.
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Dawsonj2
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(Original post by teets93)
the flowcharts are very helpful but i went to see the tutors who told me look at them cases in particular, from them cases i came to them conclusions on what i think it is.

if u type the question in to the internet there are a few articles but they are very long.
Okay sweet. in the first paragraph when deciding whether the charge was a customs duty in the strict sense how did you go to show that it wasn't?
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teets93
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it wasnt a custom duty because it was a CEE (charge of equivalent effect), the charge occured on the border not inside the country. i think thats what i put
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Dawsonj2
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oki dokes, thankyou very much
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teets93
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im glad i could be of help
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Dawsonj2
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just one quick question, how did you support that paragraph 2 is an indistinctly applicable measure?
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teets93
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i supported it by stating that because it applies to domestic and imported products alike it is an indistinctly applicable measure. Latvia dont have fridges which contain ice cube makers, however the principle of mutual recognition from Cassis De Dijon states that if a product is sold in one member state there is no reason why it cant be sold in another state.

hope that helps
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Dawsonj2
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Thankyou, your been very helpful
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Dawsonj2
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Hi, sorry to be a pain. How did you discuss whether the measure was an equal burden rule?
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